Beyond Presidential Clemency: The Many Questions Left Unanswered

President and Commander-in-Chief of the Armed Forces, Asiwaju Bola Ahmed Tinubu, recently exercised his constitutional power under Section 175 of the Nigerian Constitution by granting clemency to over one hundred inmates across various correctional facilities in the country.

While this act of mercy has been widely discussed—and even criticized in some quarters—it remains a legitimate prerogative of the President. Constructive criticism, after all, is part of good governance. Yet, amidst the applause and dissent, one name remains conspicuously absent from the list of beneficiaries: Deputy Commissioner of Police Abba Kyari.

The Enigma of Abba Kyari

DCP Abba Kyari’s story is as intriguing as it is troubling. A celebrated crime fighter once hailed as one of the most effective officers in the history of the Nigeria Police Force since its establishment in 1926, Kyari was decorated and commended by four different Inspectors General of Police and honoured by the National Assembly—a first in the history of the Nigerian Police.

Ironically, it was this very recognition that marked the beginning of his downfall. His achievements attracted envy, and his life came under intense public scrutiny. For some, his confidence and charisma were intolerable. To those afflicted with the pull-him-down syndrome, Kyari was a target that had to fall.

Despite an illustrious career in crime prevention and investigation, a narrative was orchestrated to tarnish his image—one that led to his eventual incarceration.

Unanswered Questions

Four years on, Kyari remains in detention at the Kuje Correctional Centre. Yet, the questions persist:

Is Abba Kyari a murderer?

Is he a kidnapper?

Is he a drug lord or cocaine trafficker?

Is he an armed robber?

Is he a corrupt police officer?

Is he guilty of any crime proven in court?

If the answers to these are no, then what exactly are the “sins” of Abba Kyari? Why was he overlooked in the presidential prerogative of mercy or better still withdrawal of the case and invoking the section of the constitution to let him go? Could it be that his only “crime” was being too good at his job?

DCP Abba Kyari’s case should be reviewed and potentially dismissed while citing the principle of fairness, equity, and justice. if other convicted of violent crimes can be granted presidential pardon and clemency, then Kyari’s case should also be considered for similar leniency. It is a clear indication of injustice knowing fully well that the same people he helped in arresting and later convicted under the law are walking freely while others with no such criminal records are still held, What kind of moral justification is that? The Inconsistency in Application of Justice: If others are granted pardon, why not Kyari? In fairness and equity, ensure equal treatment under the law. Justice should consider Kyari’s service record and contributions to society. It will be of national interest, fairness, and justice for the Attorney General of the Federation using his powers under Section 174 of the Constitution to call for the withdrawal of the case in the interest of fairness, Justice, National reconciliation, equity and National Security of Nigeria.

A Case of Selective Justice

According to Comrade Solomon Dalung, spokesperson for the Movement for the Emancipation of Nigeria (MEN), “This selective application of clemency amounts to grave injustice and ridicules the principle of fairness. If notorious criminals have been deemed worthy of pardon, it is morally indefensible to continue the persecution of an officer whose only crime was his patriotic zeal to combat the same menace now being rewarded by the state.”

Indeed, in a system where injustice thrives, the just often suffer. Kyari’s continued detention—despite no standing conviction or valid appeal against his dismissed extradition case—raises serious concerns about equity and the rule of law. It falls accurately to the office of the Attorney General of the Federation to withdraw the case and let the innocence breathe!

Legal experts such as Dr. Suleiman Shuaibu Gobir have reiterated that on August 29, 2022, the Federal High Court 5, Abuja, dismissed the extradition case against DCP Abba Kyari. The Federal Government has not appealed that ruling, making the dismissal legally binding. Under Nigerian law, no citizen can be extradited without express judicial approval.

So, why does he remain behind bars?

A Hero Forgotten

Abba Kyari is not a perfect man—no one is—but he was a rare kind of police officer: one who led from the front. He rejected bribes, pursued criminals through forests, and risked his life so that others could sleep in peace. His name became synonymous with professionalism and bravery.

And yet, today, he stands abandoned by the very system he served so faithfully.

Who will tell the President that one of Nigeria’s most decorated officers still languished unjustly behind bars? Who will remind the nation that justice delayed is justice denied?

While clarifying the Call for Balanced Justice and Constitutional Compliance

Discerning Nigerians fully acknowledge that the individuals recently granted pardon by the President are persons already convicted, whose cases legitimately fall under the purview of clemency and prerogative of mercy—as provided for in Section 175 of the Constitution of the Federal Republic of Nigeria (1999, as amended).

This action, coinciding with the Independence Day celebrations on October 1st, represents a compassionate gesture aimed at bringing relief to affected families and reinforcing national unity. However, while we commend this step, it is equally important to ensure fairness and balance in the spirit of justice.

There are other notable Nigerians—patriotic citizens who have served this nation with distinction and contributed immensely to its security—whose ongoing prosecutions no longer serve public interest or national security. These cases deserve reconsideration under Section 174 of the Constitution, which empowers the Attorney-General of the Federation to discontinue any prosecution when it is deemed not to be in the interest of justice or the nation.

If both Sections 174 and 175 were applied concurrently, it would send a strong message of fairness, healing, and equal justice across the country. Nigerians are watching and asking: Why are individuals with proven records of national service being detained, while others with serious allegations—some even involving violence or economic crimes—are granted freedom?

It is also crucial to note that the case in question is, by law, bailable. Nigerian courts have consistently granted bail to individuals accused of far more serious offenses, including cases involving large-scale financial misconduct. Denying bail in a matter that is clearly bailable under the law raises serious questions about selective justice.

This apparent inconsistency undermines public confidence in the justice system. Those who have risked their lives to protect this nation should not be treated more harshly than those whose actions have harmed it. Justice must not only be done—it must be seen to be done.

Moreover, allegations circulating through unverified and manipulated media materials—including purported videos of questionable authenticity—should not be relied upon to shape public perception or influence judicial outcomes. Artificially generated or misleading content should never substitute for credible evidence in a lawful society.

Let us also remember that the inter-agency collaboration between the Police and other enforcement bodies should be based on transparency, mutual respect, and the pursuit of justice—not rivalry or scapegoating. If there are officers within other agencies whose actions contributed to ongoing controversies, such matters should be addressed with fairness and openness.

In the spirit of our Independence celebration, and for the sake of justice, peace, and national integrity, the government should consider a balanced approach—one that reflects both compassion and equity. True justice demands that those who have served Nigeria faithfully should not be victims of institutional bias or selective prosecution.

A man who stood tall , labour tirelessly against insecurity in the system, a man who declined the comfort of his air-conditioning office but delight to hit the forest with his boys fighting all various violent crimes while we are snoring in our sleep, a man who restricted several offers of bribes in hard currency, a man who’s the nemesis of the underworld, a man who dare what others couldn’t , a man who many saw has a police role model to many of our children, a man whose patriotism is beyond words, that same man stand before us all and nailed to the cross.

Who will tell the President about DCP Abba Kyari and get him unconditionally released for the injustice melted on the team, these are beyond bonds but rather celebrated as hero’s.

The Attorney general should call for the withdrawal of the case and upheld meritocracy. Nigerians await the Presidential call for justice.

Prince Tunde Aiyekooto
Editor, Aiyekooto Reporters
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